Connecting You to the Latest in Colorado Law : : Colorado Bar Association Continuing Legal Education
On Wednesday, June 20, 2012, the Tenth Circuit Court of Appeals issued no published opinions and four unpublished opinions.
United States v. Garcia-Sanchez
Fish Creek Capital, LLC v. Flat Creek Capital, LLC
No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.
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The Tenth Circuit Court of Appeals published its opinion in Turner v. McGee on Wednesday, June 20, 2012.
The Tenth Circuit affirmed the district court’s decision. Petitioner, “a member of the Kiowa Tribe, was charged by Oklahoma state authorities with instituting or encouraging cockfighting. The state court rejected [Petitioner]’s argument that the crime took place in Indian Country. While state prosecution was ongoing, [Petitioner] requested that the Court of Indian Offenses for the Kiowa Tribe enjoin the state proceeding. That court dismissed for lack of subject matter jurisdiction. [Petitioner] was subsequently convicted in state court. [Petitioner] then sued the judges of the Court of Indian Offenses in federal district court. The district court denied relief, concluding that the defendants were entitled to sovereign immunity as tribal officials.
On different ground from the district court, the Court concluded that Petitioner “lacks standing because he cannot establish redressability. Given the procedural posture of this case, it is unclear what—if any—action the district court could take to undermine [Petitioner]’s conviction. Because the requested injunction would not redress [Petitioner]’s injury, he lacks standing to pursue his claims.”
The Tenth Circuit Court of Appeals published its opinion in United States v. Madden on Wednesday, June 20, 2012.
The Tenth Circuit affirmed the district court’s decision. Petitioner “pleaded guilty to one count of being a felon in possession of a firearm, reserving the right to appeal the district court’s denial of his motions to suppress and to quash the indictment for excessive delay. He argues the district court erred in denying his motion to suppress because his detention and the subsequent search of his vehicle violated the Fourth Amendment. He argues the district court abused its discretion by denying his motion to quash the indictment because a preindictment delay of four years violated his Fifth Amendment right to due process and his Sixth Amendment right to a speedy trial.”
The Court found that the “district court properly denied both motions. Neither [Petitioner]’s detention, nor the search of his vehicle, violated the Fourth Amendment. [His] investigatory detention was justified by articulable and reasonable suspicion and his subsequent arrest was supported by probable cause. Moreover, the search of [Petitioner]’s vehicle falls within the good-faith exception to the exclusionary rule. In addition, the preindictment delay did not violate the Fifth or Sixth Amendments. [Petitioner] failed to show the requisite prejudice to establish a violation of his Fifth Amendment right to due process. Furthermore, because the delay occurred prior to [his] indictment, his Sixth Amendment right to a speedy trial was not violated.”
CBA CLE Legal Connection is published by Colorado Bar Association CLE (also known as CLE in Colorado, Inc.). It is focused on delivering timely resources, updates and continuing legal education to … [Read More...]
Solo Tip Tuesday: Move Outlook Emails to Your Hard Drive with Acrobat
This week, I’ve created a video tutorial to demonstrate how to use Adobe Acrobat to move emails out of Microsoft Outlook onto your hard drive. Click here to read more.
